Roberts explained that the choice of attire was not intentional and had nothing to do with Kaepernick, his new deal with Nike, or the NFL protests. Instead, the shirts were given to inmates who did not have "proper attire" to wear while having their mugshots taken. He explained that the shirts were not purchased by his department and just happened to be on hand when the photos were taken. He added that they have been used for the past few months.

"We are not, and will not, be influenced by current political and social debates in the media," Roberts said in a statement. "This shirt is not only in use now but has also been for several months prior. We have taken steps to rectify this issue and insure[sic] that this will never happen again."